BIDESHI PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Appellant along with three others stood trial for offence punishable under Section 302/201/34 I.P.C. Learned trial Court by the impugned judgment acquitted all the co-accused of the charge and convicted the present Appellant Bideshi Pradhan under Section 302 I.P.C. and acquitted him of the charge under Section 201 I.P.C. Aforesaid judgment and order of sentence dated 03.07.2001 passed by learned Addl. Sessions Judge, Boudh in S.T. Case Nd. 35 of 2000/S.T. Case No. 74 of 2000 D.C. is impugned in this appeal.

(2.) The prosecution case in short is as follows:

(3.) Prosecution has examined 11 witnesses; to prove the charge. P.W.1 is the informant, P.W.2 is the father of the deceased, P.Ws. is the mother of the deceased, P.W.4 is the brother of the deceased, P.Ws. 5 and 6 are the Ward-Members of the village in whose presence the meeting was convened by the present Appellant. P.W.7 is the witness 'to' the seizure, P.Ws. 8 and 9 are the co-villagers who were also present in the meeting. P.W 10 is the Medical Officer, who conducted the post-mortem examination and P.W. 11 is the Investigating Officer.